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Advice on Gap with 10 years ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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musaro
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Posts: 4
Joined: Wed Jun 17, 2009 12:34 pm

Advice on Gap with 10 years ILR

Post by musaro » Mon Apr 09, 2012 3:02 pm

Dear Forum,

Could anyone advise on my situation below.

I am planning on applying for 10 years ILR route for my spouse. The issue is that she has been refused student visa extension once in the 10 years for working more than 20 hours during beginning of a term time. Right of appeal was given and she appealed.

However, seeing that the appeal may be tough her solicitor advised her to withdraw the appeal before hearing and send a mitigation letter to HO to reconsider their decision at the same time.

About 6 months after mitigation letter was sent to HO there was no response and another application was lodged which was successfully granted with visa extension.

The question I need clarification on is does this time of mitigation window break the 10 years continuous lawful stay for ILR? If so what option is available now?

Thanks for your anticipated response.

:D

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